MUHAMMAD ASHRAF vs MUHAMMAD SHARIF AND 3 OTHERS — 1964 PLD 206

Citation: 1964 PLD 206

Court: Lahore High Court

Year: 1970

Decision Date: 1970-11-06

Parties: MUHAMMAD ASHRAF vs MUHAMMAD SHARIF AND 3 OTHERS

Headnotes

Case cited as PLD 1964 Kar. 206

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq, Sardar Muhammad Iqbal Title: MUHAMMAD ASHRAF vs MUHAMMAD SHARIF AND 3 OTHERS Case No.: Letters Patent Appeal No, 139 of 1970 Date of Judgment:1970-11-06 Reported As: PLD 1971 Lahore 610 Result: Appeal dismissed JUDGMENT JUDGMENT ANWARUL HAQ, C. J.--This appeal under clause 10 of the Letters Patent has arisen out of an order made by our learned brother K. E. Chauhan, J., on the 4th of June 1970, whereby he has dismissed in limine a second appeal brought by the tenant against an order of ejectment made by the learned Rent Controller on account of default in the payment of rent of the shop in dispute. 2. The appellant Muhammad Ashraf obtained possession of the shop from the respondent Muhammad Sharif under an agreement of tenancy effective for a period of 11 months from the 1st of September 1967 to the 31st of August 1968. The monthly rent of Rs, 250 was to be payable in advance on the first of each month, and the premises were to be vacated by the tenant on one month's notice. However, the tenant continued to remain in possession on the expiry of the period of the lease but did not pay any advance rent for the months of September and October 1968 in accordance with the agreement. The rent for September 1968 was sent by the appellant to the landlord by means of a money order on the 25th of October 1968; and for the month of October on the 4th of November 1968, but the landlord refused to receive the same. He moved…

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